The European Commission is launching legal action
against Italy over the chronic waste crisis affecting Naples and the rest of the
Campania region. Thousands of tonnes of garbage have been left uncollected in
the streets and waste has been disposed of at illegal dump sites. This situation
poses serious health and environmental risks through the spread of disease and
through pollution of air, water and land. The Commission considers that the
region’s waste disposal installations are inadequate and pose serious
problems for human health and the environment. This constitutes a violation of
EU waste legislation. The Commission is therefore sending Italy a first written
warning and requesting information about the measures being taken to protect
human health and the environment in the region. In parallel the Commission is
assessing government plans to open four new waste landfill sites in Campania to
check their compliance with EU law and to understand if they will help solve the
region's waste problems, especially in the longer term.

Environment Commissioner Stavros Dimas said: “The television reports we
have all seen showing piles of garbage rotting in the streets of Campania or set
on fire by angry residents have been truly shocking. I urge the Italian
authorities to act urgently to bring waste management facilities in the Campania
region up to standard so that waste is collected and disposed of without
endangering human health or the environment, as European law
requires.”

The EU's Waste Framework
Directive[1] requires member
states to take the necessary measures to prevent waste from being abandoned,
dumped or disposed of in an uncontrolled way. They must also ensure that waste
is recovered or disposed of without endangering human health or harming the
environment. Furthermore, measures must be taken to establish an adequate
network of disposal installations to ensure a high level of protection for the
environment and human health.

The Commission takes the view that Italy has failed to fulfil its obligations
under the directive by not putting in place an appropriate network of disposal
facilities ensuring a high level of protection for the environment and public
health in the Campania region.

The region’s waste management deficiences include a lack of municipal
waste collection and the illegal disposal of waste, including in urban areas.
The health risks posed by the piles of rubbish left in the streets has forced
the closure of schools, while the risk from pollution has been aggravated by
residents setting fire to the uncollected waste, releasing toxic substances into
the environment.

Furthermore, a recent study coordinated by the World Health Organisation
showed increased mortality rates among people living near illegal waste dumps in
the provinces of Naples and Caserta.

Reflecting the urgency and gravity of the situation, the Commission is giving
Italy one month to respond to its warning letter instead of the usual two-month
deadline.

The Commission considers it essential that the Italian authorities resolve
the current crisis as quickly as possible but also that they establish a
framework for waste collection and disposal that is compatible with the
principles of EU waste legislation in order to protect human health and the
environment.

The Commission is assessing whether plans to open 4 new landfill sites in
Campania comply with all relevant requirements of EU environmental legislation
and whether they will help solve the region's waste problems, not only in the
short term but also in the longer term. The new landfills are provided for in a
government decree issued in May which sets out 'extraordinary measures' to
address the Campania waste crisis.

Legal Process

Article 226 of the Treaty gives the Commission powers to take legal action
against a Member State that is not respecting its obligations.

If the Commission considers that there may be an infringement of EU law that
warrants the opening of an infringement procedure, it addresses a "Letter of
Formal Notice" (first written warning) to the Member State concerned, requesting
it to submit its observations by a specified date, usually two months.

In the light of the reply or absence of a reply from the Member State
concerned, the Commission may decide to address a "Reasoned Opinion" (final
written warning) to the Member State. This clearly and definitively sets out the
reasons why it considers there to have been an infringement of EU law, and calls
upon the Member State to comply within a specified period, usually two months.

If the Member State fails to comply with the Reasoned Opinion, the Commission
may decide to bring the case before the Court of Justice. Where the Court of
Justice finds that the Treaty has been infringed, the offending Member State is
required to take the measures necessary to conform.

Article 228 of the Treaty gives the Commission power to act against a Member
State that does not comply with a previous judgement of the European Court of
Justice. The article also allows the Commission to ask the Court to impose a
financial penalty on the Member State concerned.